Mathews v. State

Citations

• 44 Tex. 376

Syllabus

<p>1. Indictment.—An indictment which does not show on its face that it was found in the “ District Court ” of the proper county is defective. For the error in overruling exceptions taken to such defect the court will reverse on appeal.</p> <p>2. Practice—Amendment.—It seems that such defect could be cured hy amendment.</p> <p>3. Practice—Witness.—Where objections are sustained to a question • asked a witness, the hill of exceptions taken to the ruling should show the evidence proposed to be elicited, so that its materiality may be determined on appeal.</p> <p>4. Horse—Gelding.—It not appearing that the use of the word “horse” hy the witnesses was in its technical sense as used in the statute, and was used in describing the animal stolen, which was described in an indictment for theft as a gelding, there being no question made below as to the variation, the court declines to review on that ground.</p>